Foster and Foster

In *Foster and Foster*, O’Reilly J considered the living arrangements and parental responsibility for two children, X and Y. The dispute concerned the nature and extent of the children's time with their father, and the mother's parental responsibility, particularly in relation to long-term decisions concerning the children.

The court was required to determine whether there was an unacceptable risk of the children being subjected to or exposed to sexual abuse, or suffering physical or psychological harm from the father. This involved assessing the evidence presented by both parties, including affidavits from the parents, extended family members, a supervisor, and various professionals such as psychologists, a therapist, and a psychiatrist. The court also considered documentary exhibits and a videotaped interview with one of the children.

O’Reilly J found that there was a benefit to the children in maintaining a meaningful relationship with both parents, noting expert evidence that a strong bond existed between the children and the father, and that ceasing this relationship would be detrimental. The court concluded that it was unlikely that the children needed protection from neglect or family violence. However, the court specifically focused on the evidence regarding the potential for sexual abuse or harm to the children from the father.

The court ordered that the children live with the mother and that she have sole parental responsibility for them, with the father to be kept informed of major long-term decisions. The children were to spend time with the father under supervision at a contact centre, with specific provisions for alternate weekends and special occasions. The court also made orders regarding communication between the parties and the provision of information about the children's health and education.